Without a doubt this is a setback to our efforts to increase access to proven and cost-effective asthma interventions. However, it’s certainly not the end of our work.

In 2016 we engaged with the California Department of Health Care Services (DHCS) to adopt the federal Medicaid Preventive Service Rule to allow reimbursement for asthma education and in-home assessments provided by qualified non-licensed professionals upon the recommendation of a licensed practitioner.

As we worked with DHCS on the State Plan Amendment (SPA) to adopt the Rule, leadership indicated that they would strongly prefer to move forward in submitting the SPA for federal approval with legislative authority. In his veto message, however, Governor Brown wrote, “The Department of Health Care Services…has considerable administrative authority to make changes to benefits based upon new medical evidence and clinical guidelines. Therefore, [AB 391’s] statutory changes are unnecessary.” Needless to say, we’re surprised and frustrated by the Governor’s veto rationale.

Nevertheless, we remain committed to this work and see a path forward. The bill’s bipartisan and near unanimous support at every vote sends a clear message of legislative support for this change. We are approaching DHCS to move forward with the SPA. The veto is not an end to this work, but an obstacle to overcome.

While we’re disappointed in the veto, we are not losing sight of the fact that our legislative success was due to so many partners who were integral in providing momentum, support and technical assistance in this effort. See below for a full list of formal bill supporters. We also deeply appreciate the leadership from Assemblymember David Chiu, who authored the bill.

On behalf of AB 391’s co-sponsors (RAMP, Children Now and the California Pan Ethnic Health Network), we wish to extend our great appreciation to the many of you who helped get us this far. We will continue to work with you – our broad network of partners – as we move forward with alternative steps to increase access to key asthma preventive services.